IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon
Registrar:
Mr. Hans Holthuis
Decision of:
9 December 2003
PROSECUTOR
v.
SLOBODAN MILOSEVIC
_________________________________________________
DECISION ON PROSECUTION MOTIONS FOR ADMISSION OF WITNESS STATEMENTS PURSUANT TO RULE 89 (F) AND PROTECTIVE MEASURES FOR WITNESSES B-1770 AND B-1619
__________________________________________________
The Office of the Prosecutor
Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome
The Accused
Slobodan Milosevic
Amici Curiae
Mr. Steven Kay, QC
Mr. Branislav Tapuskovic
Prof. Timothy L.H. McCormack
THIS TRIAL CHAMBER of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("the International Tribunal"),
BEING SEISED of a confidential and partly ex parte "Prosecution Motion for Trial Related Protective Measures for Witnesses B-1770 and B-1619", filed on 5 December 2003, seeking certain protective measures,1 and a "Prosecution Motion for the Admission of Witness Statements of B-1770 and B-1619 Pursuant to Rule 89 (F)", seeking the admission of the statements of those witness under Rule 89 (F),
NOTING Rule 89 (F), which provides as follows: "A Chamber may receive the evidence of a witness orally or, where interests of justice allow, in written form",
NOTING the decision of the Appeals Chamber, which held that Rule 89 (F) allows for the admission of a written witness statement when the witness:
CONSIDERING that the determination of whether the interests of justice favour the admission of a written statement under Rule 89 (F) as evidence-in-chief is made by the Trial Chamber in relation to each individual witness, in light of not only the surrounding circumstances, but also the evidence to be given by the witness,3
NOTING that the content of the statements do not go to the acts and conduct of the Accused himself and that it is in the interests of justice to admit the statements of the two witnesses under Rule 89 (F), subject to fulfilment of the criteria set out by the Appeals Chamber,
CONSIDERING that the protective measures sought in respect of the witnesses, as set out in the Motion, are reasonable and appropriate for the protection of the witness and the family of the witnesses,
CONSIDERING that the Trial Chamber is satisfied that the measures sought are consistent with the rights of the Accused,
PURSUANT TO Rules 89 (F) and 75 of the Rules of Procedure and Evidence of the International Tribunal,
HEREBY ORDERS as follows:
Done in English and French, the English text being authoritative.
____________
Richard May
Presiding
Dated this ninth day of December 2003
At The Hague
The Netherlands